That the Council

1.     Confirms the minutes of the meeting of the Council, held on 25 June 2020, as a true and correct record.

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 30 June 2020, as a true and correct record.

That the Council

1.     Confirms the minutes of the extraordinary meeting of the Council, held on 9 July 2020, as a true and correct record.

Recommendation to Council

That the Council

1.     Approves the total allocation of $1.2M in 2020/21 in capital expenditure for seismic strengthening the Stoke Memorial Hall to 67% of the New Building Standard (Importance Level 3), with the project to commence in 2020/21, subject to the success of the Provincial Growth Fund application, as set out in the table below;

and

2.     Agrees that, if the Provincial Growth Fund application for strengthening the Stoke Memorial Hall is unsuccessful, Council will still proceed with the design work for the project, with physical works timing to be confirmed in the Long Term Plan 2021-31.

That the Council

1.     Receives the report Mayor's Report (R18196) and its attachment (A2430907); and

2.     Provides guidance to the Mayor on Councillors’ support for the proposed change to Local Government New Zealand Constitution rule F15 to limit the President’s term of office to two terms.

3.     Provides guidance to the Mayor on Councillors’ support for the proposed remits to the Local Government New Zealand Annual General Meeting 2020, as discussed.

That the Council

1.     Receives the report Council Emission Reduction Targets (R17034); and

2.     Agrees that Nelson City Council adopts targets for Council’s own greenhouse gas emissions reductions that are in line with the Government targets (i.e., all GHGs other than biogenic methane achieve net zero emissions by 2050); and

3.     Agrees that work is undertaken to develop specific emission reduction projects for inclusion in the Long Term Plan 2021-31, along with development of a comprehensive Council “Emissions Reduction Action Plan” in line with timeframes to produce the upcoming Long Term Plan; and

4.     Notes that work to set targets and reduce emissions in the Nelson Tasman Regional Landfill Business Unit is critical to address Council’s entire emissions profile and that substantial work is already underway in the Nelson Tasman Regional Landfill Business Unit to measure and reduce emissions.

That the Council

1.     Receives the report Three Waters Programme Investment Package (R19214) and its attachments (A2436659, A2436658, A2436660, A2436656 and A2436662); and

2.     Authorises the Mayor and Chief Executive sign the Memorandum of Understanding at Attachment One (A2436659) and Funding Agreement at Attachment Two (A2436658); and

3.     Agrees to nominate the Mayor and Chief Executive as the primary point of communication for the purposes of the Memorandum of Understanding and reform programme – as referred to on page 6 of the Memorandum of Understanding (A2436659); and

4.     Agrees to delegate decisions about the allocation of regional funding to the Mayor, Chair of Infrastructure and the Chief Executive, with the understanding that the minimum level of funding to the Council be based upon the formula used to calculate the direct council allocations, and noting that participation by two-thirds of territorial authorities within the Nelson, Tasman, and Marlborough region is required to access the regional allocation; and

5.     Notes that the Memorandum of Understanding and Funding Agreement cannot be amended or modified by either party, and doing so would void these documents; and

6.     Notes that participation in this initial stage is to be undertaken in good faith, but this is a non-binding approach, and the Council can opt out of the reform process at the end of the term of the agreement (as provided for on page 5 of the Memorandum of Understanding); and

7.     Notes that the Council has been allocated $2.86 million of funding, which will be received as a grant as soon as practicable once the signed Memorandum of Understanding and Funding Agreement are returned to the Department of Internal Affairs, and a Delivery Plan has been supplied and approved (as described on page 5 of the Memorandum of Understanding).  An additional $2.86 million will also be allocated to Nelson out of the Regional allocation if this is split in the way recommended by the Steering Committee; and

8.     Notes that the Delivery Plan must show that the funding is to be applied to operating and/or capital expenditure relating to three waters infrastructure and service delivery, and which:

·        supports economic recovery through job creation; and

·      maintains, increases, and/or accelerates investment in core water infrastructure renewal and maintenance.

That the Council

1.     Receives the report Electoral System - Review (R18153); and

2.     Decides to continue with the First Past the Post electoral system;

OR

Decides to change to the Single Transferable Vote electoral system; and

3.     Notes that Council will give public notice by 19 September 2020 of the right for Nelson Council electors to petition for a poll on a change to the electoral system.

That the Council

1.     Receives this report Dedication of Local Purpose (Road) Reserve as Legal Road  - Ngati Rarua Street (R15924) and its attachments (A2412824 and A2422463); and

2.     Resolves to dedicate the Local Purpose Reserve (Road) at Lot 26 DP 487679 (RT 698929), Ngati Rarua Street, Nelson as legal road pursuant to Section 111 of the Reserves Act 1977.

1

Council Meeting - Confidential Minutes -  25 June 2020

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

2

Recommendations from Committees

Sports and Recreation Committee  -

6 August 2020

Urgent Funding Request – Tasman Rugby Union

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(b)(ii)

     To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

3

Mayor's Report - Nominations for Local Government New Zealand President and Vice-President

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

4

Council Status Report - Confidential

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(g)

     To maintain legal professional privilege

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

5

Civic House Options

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Resolved CL/2020/072

That the Council

1.     Receives and accepts the apologies from Councillor Rainey for lateness.

McGurk/Her Worship the Mayor                                                         Carried

Resolved CL/2020/073

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 23 April 2020, as a true and correct record.

Courtney/McGurk                                                                              Carried

Attendance:  Councillor Noonan declared an interest and left the meeting at 9.21a.m.

Team Leader City Development, Lisa Gibellini, presented the report.  She answered questions regarding how the land value for this development had resulted in an unanticipated level of reserves contributions, how exceptional circumstances had been demonstrated in this case, whether reducing contributions was likely to set a precedent for other requests, intensification of brownfield sites in the City Centre Zone and surrounding urban area, and the calculation of development contributions.

Attendance:  Councillor Rainey joined the meeting at 9.38a.m.  

Ms Gibellini answered further questions regarding the calculation of reserves contributions for this development.

The meeting was adjourned from 9.45a.m. to 9.53a.m.

Councillor Courtney, seconded by Councillor Sanson, moved the recommendation in the officer report with changes to clause three:

3.     Approves the reduced reserves development contribution to be calculated based on 5.5% of the value of the additional lots, plus the general reserves fixed fee of $1,160 per additional lot (all plus GST); and

Councillors debated the motion.

Resolved CL/2020/074

That the Council

1.     Receives the report 46-48 Trafalgar Street Reserve Development Contributions (R15861) and its attachments (A2405622 and A2404805); and

2.     Approves a partial exemption from payment of reserves development contribution for 46-48 Trafalgar Street based on the exceptional circumstance demonstrated; and

3.     Approves the reduced reserves development contribution to be calculated based on 5.5% of the value of the additional lots, plus the general reserves fixed fee of $1,160 per additional lot (all plus GST); and

4.     Notes that the reduced reserves development contribution in resolution 3 above will be used as the note for the reserves development contribution in HASHAA consent SH185018.

Courtney/Sanson                                                                              Carried

Resolved CL/2020/075

That the Council

1.     Retains the Railway Reserve (shown on Maps 2-5 in Attachment 4 A2395332) as an off-leash area in the Dog Control Bylaw; and

2.     Retains the existing half on-leash and half-off leash approach to Isel Park (shown on Map 3 in Attachment 4 A2395332) in the Dog Control Bylaw; and

3.     Amends the Dog Control Bylaw to require:

i.      dogs to be on-leash in the grazed area of the      Grampians Reserve (Map 6 of A2395332);

ii.     dogs to be on-leash in the grazed area of Sir Stanley Whitehead Reserve (Map 7 of A2395332); and

4.     Retains as off-leash areas:

i.      the Maitai River Esplanade Reserve (Map 9 of attachment 4 A2395332);

ii      the Tantragee Reserve area (Map 8 in Attachment 4  A2395332); and

5.     Amends the Dog Control Bylaw to include Monaco Reserve as an off-leash neighbourhood park (listed in Schedule 3 and shown on Map 1 in Attachment 4 A2395332) excluding the playground which will continue to be a dog prohibited area; and

6.     Retains Titoki Reserve as an off-leash area in the Dog Control Bylaw; and

7.     Amends the Dog Control Bylaw to change Whakatū Drive Foreshore Reserve (shown on Map 15 of Attachment 4 A2395332) to an on-leash area; and

8.     Amends the Dog Control Bylaw to prohibit dogs in the fenced area of the foreshore and esplanade reserve at Paremata Flats, including the planted area of the Paremata Flats Reserve (shown on Map 10 of Attachment 4 A2395332), but excluding the walkway adjacent to the Wakapuaka River; and

9.     Amends the Dog Control Bylaw to require dogs to be kept on a lead on the margins, islands, sand and mudflats of Delaware Estuary and the walkway adjacent to the Wakapuaka River from Paremata Flats (shown on Map 10 of Attachment 4 A2395332); and

10.  Amends the Dog Control Bylaw provisions relating to the Boulder Bank in order to:

i.      retain the dogs prohibited status for the 4km from the Cut towards Boulder Bank Drive (shown on Maps 11 and 12 of Attachment 4 A2395332) during the breeding season in Schedule One to be from 15 August to the last day in February (previously from October to February); and

ii.            include the part of the Boulder Bank from Boulder Bank Drive to the Cut (shown on Maps 11, 12, and 13 of Attachment 4 A2395332) as an on-leash area in Schedule Two; and

iii.           exclude the part of the Boulder Bank northwards from Boulder Bank Drive (shown on Maps 13 and 14 of Attachment 4 A2395332) in Schedule 2 (retaining this as an off-leash area); and

iv.    change the status of the Glenduan Neighbourhood Park (refer Map 14 of Attachment 4 A2395332) to an off-leash area excluding the playground which will continue to be a dog prohibited area; and

11.  Amends the Dog Control Bylaw by changing clause 10.2 of the Bylaw to: “If, in the opinion of a Dog Control Officer, any dog has become or is likely to become a nuisance to any person or injurious to the health of any person, the Dog Control Officer may, by notice in writing, require the dog owner or the owners or occupiers of the premises at which the dog is kept, within a time specified in such notice to do all or any of the following:

a.     reduce the number of dogs on the premises;

b.     construct, alter, reconstruct or otherwise improve the kennels of other buildings or fences used to house or contain the dog;

c.     tie up or otherwise confine the dog during specified periods;

d.     take such other action as necessary to minimise or remove the likelihood of nuisance or injury to health.”; and

12.  Amends Schedule 3 to rename Emano East Reserve as Te Manu Reserve and remove reference to Emano West Reserve and Hanby Park; and

13.   Amends Schedule 1 item 15 of the Bylaw by replacing the phrase “foreshore and sea bed” with the term “common marine and coastal area” in both cases in which it is used twice within item 15; and

14.  Agrees the amendments do not give rise to any implications under the New Zealand Bill of Rights Act 1990 and the amended Dog Control Bylaw is the most appropriate form of Bylaw; and

15.  Adopts the Dog Control Bylaw (A2390190),  subject to the key matters outlined above; and

16.  Determines that the amended Dog Control Bylaw will take effect from 27 July 2020.

Fulton/McGurk                                                                                     Carried

Resolved CL/2020/076

That the Council

1.     Makes a minor change to  clause 3.21(b) of the Navigation Safety Bylaw, to state that the words “No person shall use any boat ramp for the launching of any trailer boat without having first paid any fees or charges which may be fixed by the Council from time to time in respect of such use, and displaying the appropriate ticket, label, sticker or other proof of such payment in a prominent and easily seen position on the trailer or in or on the towing vehicle” be replaced, from 29 June 2020 with the words “Any person who uses any boat ramp to launch a trailer boat must pay the fee or charge prescribed by Council. Non-casual users must display their permit in a prominent position on the trailer or towing vehicle.”

Fulton/O'Neill-Stevens                                                                         Carried

Resolved CL/2020/077

That the Council

1.     Consents to the easement in gross in favour of Nelson City Council over the area shown in blue on the plan (A2329363) of Te Manu Reserve (Lot 1 DP 4341) under section 48(1) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

Noonan/Bowater                                                                                  Carried

Resolved CL/2020/078

That the Council

1.     Alters, in accordance with Standing Order 22.6, the following parts of Council resolution # CL/2019/150 made on 8 August 2019:

3.    Approves progressing Option 2 (with minor updates) of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $80,000; and

4.    Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from updated design for Option 2, of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation.

Skinner/Lawrey                                                                                   Carried

The meeting was adjourned from 10.45a.m. until 11.03a.m.

Her Worship the Mayor advised the meeting would move to consider item 9, Nelson Future Access – Public Engagement.

Group Manager Infrastructure, Alec Louverdis, presented the report, along with Waka Kotahi NZ Transport Agency representatives Jim Harland, Coral Aldridge and Rhys Palmer.

Mr Harland outlined the public engagement process for the Nelson Future Access project, and Mr Palmer gave a Power Point presentation (A2409511) and tabled a public engagement brochure (A2409579). 

Mr Harland, Mr Palmer and Ms Aldridge answered questions regarding:

·    How the Nelson Future Access project fit with the Regional Land Transport Programme, the National Land Transport Programme and the Government Policy Statement;

·    Each of the long-term options contained in the public engagement brochure, noting that an amalgamation of various options may also be possible;

·    The proposed short term options to optimise the transport network, noting that decisions on the long-term options would influence the range of short term options;

·    The manner in which the long-term options were portrayed in the public engagement brochure;

·    Methods of engagement and how these fed into the various decisions to be made going forward;

·    Resilience considerations in relation to each of the proposed long-term options;

·    Options for providing further information in the Frequently Asked Questions to ensure a balanced representation of each long-term option;

·    Walking and cycling facilities in relation to each option, including the inclusion of Rocks Road Walking and Cycling facilities;

·    Climate change considerations in relation to each of the proposed routes;

·    Reasons for changing the name of the new-build option to the ‘Inland Route’ rather than the ‘Southern Link’;

·    The impact on communities in the immediate vicinity of each proposed long-term option;

·    Cost estimates for each proposed long-term option;

·    Timeframes for implementing short-term measures;

·    Parking issues in relation to the proposed short-term measures; and

·    Links with other transport projects in the wider region.

Councillor Noonan, seconded by Councillor Edgar, moved the recommendation in the officer report.

Councillors debated the motion and views for and against were expressed.

Resolved CL/2020/079

That the Council

1.     Receives the report Nelson Future Access - Public Engagement   (R13752) and its attachment (A2403124); and

2.     Receives for information the Nelson Future Access packages as detailed in Attachment A2403124 of Report R13752 that will form part of the public engagement.

Noonan/Edgar                                                                                   Carried

The motion was put and a division was called:

The motion was carried 12 - 1.

Attachments

1    A2409511 - Power Point presentation - Nelson Future Access packages

2    A2409579 - Tabled document - Nelson Future Access packages

The meeting was adjourned from 1.05p.m. to 1.56p.m., during which time Councillors Fulton and Skinner left the meeting.

Her Worship the Mayor advised the meeting would return to item 7, Mayor’s Report.

Her Worship the Mayor presented the report and answered questions regarding the opening of the Lemvig climatorium.

It was noted that Councillor Fulton increasing workload in relation to the Climate Forum had led her to step down from the Nelson Regional Landfill Business unit, and she was thanked for her contribution to the Nelson Regional Landfill Business Unit.

Resolved CL/2020/080

That the Council

1.     Receives the report Mayor's Report (R16937); and

2.     Amends the membership of the Nelson Tasman Regional Landfill Business Unit by substituting Councillor Fulton with Councillor McGurk.

Her Worship the Mayor/Edgar                                                           Carried

Attendance:  Councillor Lawrey left the meeting at 2.04p.m.

Resolved CL/2020/081

That the Council

1.     Receives the report Saxton Field Committee - Update to Delegations (R17035) and its attachments (A2389043 and A2389126); and

2.     Delegates the power to the Saxton Field Committee to approve the draft Saxton Field Reserve Management Plan for public consultation, to undertake the public consultation process and to be the Hearing Panel to hear and deliberate on the submissions for the draft Saxton Field Reserve Management Plan; and

3.     Notes that the Saxton Field Committee will recommend the final Saxton Field Reserve Management Plan to Tasman District and Nelson City Councils for adoption.

Noonan/Bowater                                                                               Carried

Her Worship the Mayor advised the meeting would next consider item 12, Nelson Plan: Additional Funding.

Attendance:  Councillor Skinner returned to the meeting at 2.06p.m. and Councillor Fulton returned to the meeting at 2.07p.m.

Group Manager Environmental Management, Clare Barton, and Manager Environmental Planning, Maxine Day, presented the report.

Resolved CL/2020/082

That the Council

1.     Receives the report Nelson Plan: Additional Funding (R18069); and

2.     Approves unbudgeted expenditure of $135,500 to progress the Draft Nelson Plan in 2019/2020.

McGurk/Sanson                                                                                 Carried

Her worship the Mayor noted the meeting would next consider item 8, New Zealand Local Government Funding Agency Amendments.

Group Manager Corporate Services, Nikki Harrison presented the report, and Local Government Funding Agency Senior Manager, Credit and External Relationships, Andrew Michl, joined the meeting via audio-visual link.

Ms Harrison and Mr Michl answered questions regarding the proposed increase in Local Government Funding Agency borrowing notes, borrowing limits, examples of when Councils or Council-Controlled Organisations may take advantage of the changes, and the likelihood of whether calls could be made on the guarantees provided by Councils around the country.

The meeting was adjourned from 2.25p.m. to 2.28p.m.

It was noted that Mr John Peters, Chair, and Mr John Murray, external appointee, of the Audit and Risk Subcommittee supported the recommendation. 

Resolved CL/2020/083

That the Council

1.     Receives the report New Zealand Local Government Funding Agency Amendments (R16983); and

2.     Authorises the Council’s entry into the documentation noted in this report.

3.     Authorises the Mayor and Deputy Mayor to execute the following deeds for the purposes of recommendation 2 above:

(i)           Amendment and Restatement Deed (Multi-issuer Deed);

(ii)          Amendment and Restatement Deed (Notes Subscription Agreements); and

(iii)         Amendment and Restatement Deed (Guarantee and Indemnity).

4.     Authorises the Chief Executive to execute the Chief Executive Certificate and such other documents and take such other steps on behalf of Council as the Chief Executive considers it is necessary to execute or take to give effect to recommendation 2 above.

Sanson/Edgar                                                                                   Carried

The meeting was adjourned from 2.34p.m. to 2.44p.m.

Extension of Meeting Time

Resolved CL/2020/084

That the Council

1.     Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

Bowater/Skinner                                                                               Carried

Her Worship the Mayor advised the meeting would next consider item 13, Deconstruction of 23 Halifax Street (Former Mediterranean Food Warehouse building).

Resolved CL/2020/085

That the Council

1.     Receives the report Deconstruction of 23 Halifax Street (Former Mediterranean Food Warehouse building) (R15885); and

2.     Approves the deconstruction of the building at 23 Halifax Street (formerly known as the Mediterranean Food Warehouse); and  

3.     Notes the inclusion in the Annual Plan of 2020/21 $1,048,000 for the Elma Turner Library Redevelopment project, including work required to deconstruct the building at 23 Halifax Street.

McGurk/Fulton                                                                                  Carried

   Resolved CL/2020/086

That the Council

1.     Receives the report Elma Turner Library, Civic House and Climatorium (R16984); and

2.     Adopts a stepped approach as set out in R16984 towards decision making on the Elma Turner Library, Civic House and a Climatorium.

Fulton/Noonan                                                                                    Carried

The motion was put and a division was called:

The motion was carried 9 - 4.

2

Recommendations from Committees

Infrastructure Committee 07/05/20

Wastney Terrace Stormwater Upgrade – Property Negotiations

Joint Shareholders Committee 18/05/20

Revised Port Nelson Ltd Constitution

Sports & Recreation Committee 18/06/20

Poorman Valley Stream Shared Path Construction – Main Road Stoke to Neale Avenue

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

3

Nelmac - Utilities Maintenance and Operations Contract - Recommendation from Infrastructure Committee

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

2

CONFIDENTIAL: Recommendations from Committees - Wastney Terrace Stormwater Upgrade - Property Negotiations

That the Council

3.      Agrees that the report, attachments and decision be excluded from public release at this time.

2

CONFIDENTIAL: Recommendations from Committees - Poorman Valley Stream Shared Path Construction  - Main Road Stoke to Neale Avenue

That the Council

4.      Agrees that Report (R10308), Attachment (A2306138) and the decision be made publicly available once negotiations are concluded.

3

CONFIDENTIAL: Nelmac - Utilities Maintenance and Operations Contract - Recommendation from Infrastructure Committee

That the Council

1.      Leaves the item Nelmac – Utilities Maintenance and Operations Contract – Recommendation from Infrastructure Committee to lie until the Council meeting on 13 August 2020.

Resolved CL/2020/093

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 3 June 2020, and reconvened on 4 and 9 June 2020, as a true and correct record.

Courtney/Brand                                                                                Carried

Her Worship the Mayor presented her report, together with a Project Kōkiri press release.

Resolved CL/2020/094

That the Council

1.     Receives the Mayor’s Report (R18123).

Her Worship the Mayor/Edgar                                                           Carried

Attachments

1    A2412249 - Mayor's Report 30 June 2020

2    A2412243 Project Kōkiri press release

 Resolved CL/2020/095

That the Council

1.     Receives the report Adoption of the Annual Plan 2020/21 and setting of the rates for 2020/21 (R18078)  and its attachment (A2409905).

Her Worship the Mayor/Edgar                                                           Carried

Resolutions CL/2020/096 and CL/2020/097 below were revoked at the 9 July 2020 Extraordinary Council meeting (resolution CL/2020/105)

Resolved CL/2020/096

That the Council

2.     Adopts the Annual Plan 2020/21 (A2409905) pursuant to Section 95 of the Local Government Act 2002.

Her Worship the Mayor/Edgar                                       Carried unanimously

Resolved CL/2020/097

That the Council

3.     Delegates the Mayor, Deputy Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2020/21 to the public; and

4.     Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2020 and ending on 30 June 2021.

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                                             $41,032,974

Uniform Annual General Charge               $9,128,635

Stormwater and Flood Protection Charge $6,228,870

Waste Water Charge                                  $8,814,058

Water Annual Charge                                 $3,721,307

Water Volumetric Charge                           $8,683,050

Clean Heat Warm Homes and Solar Saver   $208,000

Rates and Charges (excluding GST)       $77,816,894

Goods and Services Tax
(at the current rate)                                $11,672,534

Total Rates and Charges                          $89,489,428

The rates and charges below are GST inclusive.

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

•   a rate of 0.51973 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·    a rate of 0.51973 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·    a rate of 0.57170 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

·    a rate of 0.57170 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

·    a rate of 1.47642 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 184.075% differential on land value.

·    a rate of 1.23748 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 138.1% differential on land value.

·    a rate of 0.99788 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 92% differential on land value.

·    a rate of 0.75881 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 46% differential on land value.

·    a rate of 1.57772 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 203.565% differential on land value.

·    a rate of 1.31336 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 152.7% differential on land value.

·    a rate of 1.04882 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 101.8% differential on land value.

·    a rate of 0.78427 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 50.9% differential on land value.

·    a rate of 1.51501 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 191.5% differential on land value.

·    a rate of 1.26606 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 143.6% differential on land value.

·    a rate of 1.01763 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 95.8% differential on land value.

·    a rate of 0.76868 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 47.9% differential on land value.

·    a rate of 0.33782 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·    a rate of 0.46776 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $434.64 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $335.36 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $477.33 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $119.33 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                      $200.60

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year               $2.092 per m³

Usage from 10,001 – 100,000 cu.m/year                                                                                        $2.006 per m³

Usage over 100,000 cu.m/year              $1.584 per m³

Summer irrigation usage over

10,000 cu.m/year                                     $2.049 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·     For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into on or after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·     For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·     0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·     0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial and Industrial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each rate instalment remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each rate instalment notice.

·    a charge of 5% will be added on 8 July 2020 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 7 July 2020.

·    a further additional charge of 5% will be added on 8 January 2021 to any balance from a previous rating year (including penalties previously charged) to which a penalty has been added  according to the bullet point above, remaining outstanding on 7 January 2021.

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each volumetric water rate account remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each volumetric water rate account.

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2020. If full payment of the annual rates is not paid by 20 November 2020 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 20 August 2020.

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Thursday and Friday and 9.00am to 5.00pm Wednesday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due.

Her Worship the Mayor/Edgar                                                           Carried

Attachments

1    A2412831 Designed Annual Plan 2020/21

Resolved CL/2020/098

That the Council

1.     Receives the report Contract for Services between Nelson City Council and Uniquely Nelson (R10407) and its attachments (A2181631 and A2247471); and

2.     Agrees to a change to a contract for services for the contractual relationship between Council and Uniquely Nelson; and

3.     Notes that the existing Memorandum of Understanding between Council and Uniquely Nelson will cease to apply from the date that the new contract is signed.

Edgar/Bowater                                                                                  Carried

Attachments

1    A2413003 Uniquely Nelson tabled document

Resolved CL/2020/099

That the Council

1.     Receives the report Funding Request: Businesses for Climate Action (R18096) and its attachments (A2406802 and A2406803); and

2.     Approves $28,880 of Climate Change Reserve funding for Businesses for Climate Action to support Nelson businesses to measure and reduce their greenhouse gas emissions; and

3.     Agrees that Businesses for Climate Action be encouranged to undertake further engagement with the Nelson Tasman Climate Forum.

Noonan/Her Worship the Mayor                                                        Carried

1

Confirmation of Minutes

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(g)

     To maintain legal professional privilege

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Resolved CL/2020/101

That the Council

1.     Confirms the minutes of the confidential session of the meeting of the Council, held on 3 June 2020, and reconvened on 4 and 9 June 2020, as a true and correct record.

Skinner/O'Neill-Stevens                                                                    Carried

Resolved CL/2020/102

That the Council

1.     Re-admits the public to the meeting.

Her Worship the Mayor/Edgar                                                         Carried

Resolved CL/2020/103

That the Council

1.     Receives and accepts the apologies from Councillors P Rainey and T Skinner.

Her Worship the Mayor/Courtney                                                      Carried

Resolved CL/2020/104

That the Council

1.     Receives the report Balanced budget requirements for 2020/21 Financial Year (R18131).

Brand/Bowater                                                                                 Carried

Resolved CL/2020/105

That the Council

2.     Revokes the resolutions (CL/2020/096 and CL/2020/97) of 30 June 2020 below :

2 “Adopts the Annual Plan 2020/21 (A2409905) pursuant to Section 95 of the Local Government Act 2002.

3.   Delegates the Mayor, Deputy Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2020/21 to the public; and

4.  Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2020 and ending on 30 June 2021.

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                                                  $41,032,974

Uniform Annual General Charge                        $9,128,635

Stormwater and Flood Protection Charge          $6,228,870

Waste Water Charge                                        $8,814,058

Water Annual Charge                                        $3,721,307

Water Volumetric Charge                                  $8,683,050

Clean Heat Warm Homes and Solar Saver           $208,000

Rates and Charges (excluding GST)                 $77,816,894

Goods and Services Tax
(at the current rate)                                       $11,672,534

Total Rates and Charges                                 $89,489,428

The rates and charges below are GST inclusive.

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

•   a rate of 0.51973 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·    a rate of 0.51973 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·    a rate of 0.57170 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

·    a rate of 0.57170 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

·    a rate of 1.47642 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 184.075% differential on land value.

·    a rate of 1.23748 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 138.1% differential on land value.

·    a rate of 0.99788 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 92% differential on land value.

·    a rate of 0.75881 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 46% differential on land value.

·    a rate of 1.57772 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 203.565% differential on land value.

·    a rate of 1.31336 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 152.7% differential on land value.

·    a rate of 1.04882 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 101.8% differential on land value.

·    a rate of 0.78427 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 50.9% differential on land value.

·    a rate of 1.51501 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 191.5% differential on land value.

·    a rate of 1.26606 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 143.6% differential on land value.

·    a rate of 1.01763 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 95.8% differential on land value.

·    a rate of 0.76868 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 47.9% differential on land value.

·    a rate of 0.33782 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·    a rate of 0.46776 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $434.64 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $335.36 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $477.33 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $119.33 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note: a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                                                $200.60

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year                            $2.092 per m³

        Usage from 10,001 – 100,000 cu.m/year                                                                                                                             $2.006 per m³

Usage over 100,000 cu.m/year                                  $1.584 per m³

Summer irrigation usage over 10,000 cu.m/year                                                                                                                                                          $2.049 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·     For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into on or after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·     For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·     0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·     0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial and Industrial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each rate instalment remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each rate instalment notice.

·    a charge of 5% will be added on 8 July 2020 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 7 July 2020.

·    a further additional charge of 5% will be added on 8 January 2021 to any balance from a previous rating year (including penalties previously charged) to which a penalty has been added  according to the bullet point above, remaining outstanding on 7 January 2021.

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each volumetric water rate account remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each volumetric water rate account.

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2020. If full payment of the annual rates is not paid by 20 November 2020 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 20 August 2020.

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Thursday and Friday and 9.00am to 5.00pm Wednesday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due.”

O'Neill-Stevens/Courtney                                                                  Carried

Resolved CL/2020/106

That the Council

3.     Resolves that the budget for the 2020/21 financial year is not a balanced budget because operating revenues are not at a level sufficient to meet 2020/21 operating expenses primarily due to the loan funding of the Waimea Dam grant and Nelson Plan costs signalled in the Consultation Document, and loan funding of the net zero percent rates increase; and

4.     Resolves that setting an unbalanced budget for 2020/21 is prudent in terms of section 101 of the Local Government Act 2002 given the current COVID-19 pandemic and its effects, both known and potential, on the local economy and its ratepayers, having had regard to the matters in section 100(2) of the Local Government Act 2002.

Sanson/Fulton                                                                                   Carried

Resolved CL/2020/107

That the Council

5.     Adopts the Annual Plan 2020/21 (A2409905) pursuant to Section 95 of the Local Government Act 2002; and

6.     Delegates the Mayor, Deputy Mayor and Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2020/21 to the public.

Brand/McGurk                                                                                   Carried

Resolved CL/2020/108

That the Council

7.     Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2020 and ending on 30 June 2021.

The revenue approved below will be raised by the rates and charges that follow.

Revenue approved:

General Rate                                                              $41,032,974

Uniform Annual General Charge                                 $9,128,635

Stormwater and Flood Protection Charge                 $6,228,870

Waste Water Charge                                                    $8,814,058

Water Annual Charge                                                  $3,721,307

Water Volumetric Charge                                            $8,683,050

Clean Heat Warm Homes and Solar Saver                    $208,000

Rates and Charges (excluding GST)                        $77,816,894

Goods and Services Tax
(at the current rate)                                                  $11,672,534

Total Rates and Charges                                           $89,489,428

The rates and charges below are GST inclusive.

(1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

•   a rate of 0.51973 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·    a rate of 0.51973 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·    a rate of 0.57170 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

·    a rate of 0.57170 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

·    a rate of 1.47642 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 184.075% differential on land value.

·    a rate of 1.23748 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 138.1% differential on land value.

·    a rate of 0.99788 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 92% differential on land value.

·    a rate of 0.75881 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 46% differential on land value.

·    a rate of 1.57772 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 203.565% differential on land value.

·    a rate of 1.31336 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 152.7% differential on land value.

·    a rate of 1.04882 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 101.8% differential on land value.

·    a rate of 0.78427 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 50.9% differential on land value.

·    a rate of 1.51501 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 191.5% differential on land value.

·    a rate of 1.26606 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 143.6% differential on land value.

·    a rate of 1.01763 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 95.8% differential on land value.

·    a rate of 0.76868 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 47.9% differential on land value.

·    a rate of 0.33782 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·    a rate of 0.46776 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $434.64 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $335.36 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $477.33 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $119.33 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a “trade” waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)                      $200.60

(6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year                $2.092 per m³

Usage from 10,001 – 100,000 cu.m/year                                                                        ³                                                                 $2.006 per m³

Usage over 100,000 cu.m/year                $1.584 per m³

Summer irrigation usage over

10,000 cu.m/year                                      $2.049 per m³

(7) Clean Heat Warm Homes

A targeted rate per separately used or inhabited part of a rating unit that has been provided with home insulation and/or a heater to replace a non-complying solid fuel burner under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of:

·     For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into on or after 1 July 2011, the targeted rate for each year for 10 years will be the total cost of the installed works excluding GST, divided by 10, plus GST.

·     For properties assessed the Clean Heat Warm Homes rate as a result of agreements entered into prior to 1 July 2011 the targeted rate of:

(8) Solar Hot Water Systems

A targeted rate for any separately used or inhabited parts of a rating unit that has been provided with financial assistance to install a solar hot water system under Section 16 of the Local Government (Rating) Act 2002 in accordance with agreement of the original ratepayer, of the following factors on the extent of provision of service (net cost of the work including GST after deducting EECA grant, plus funding cost):

·     0.14964 (including GST) for agreements entered into prior to 1 July 2011, multiplied by the Net Cost of the Work adjusted for any increased GST.

·     0.13847 (including GST) for agreements entered into after 1 July 2011 multiplied by the Net Cost of the Work.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Residential water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Special (final) water volumetric rates will be payable 14 days from the invoice date of the special (final) water reading as shown on the water invoice.

Commercial and Industrial water volumetric rates are payable at the Nelson City Council office, 110 Trafalgar Street, Nelson and shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each rate instalment remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each rate instalment notice.

·    a charge of 5% will be added on 8 July 2020 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 7 July 2020.

·    a further additional charge of 5% will be added on 8 January 2021 to any balance from a previous rating year (including penalties previously charged) to which a penalty has been added  according to the bullet point above, remaining outstanding on 7 January 2021.

Penalty on Water Volumetric Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid volumetric water rates and delegates authority to the Group Manager Corporate Services to apply them:

·    a charge of 5% of the amount of each volumetric water rate account remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each volumetric water rate account.

Penalty Remission

In accordance with Council’s rate remission policy, the Council will approve the remission of the penalty added on instalment one due to late payment provided the total annual rates are paid in full by 20 November 2020. If full payment of the annual rates is not paid by 20 November 2020 the penalties relating to the first instalment outlined above will apply.

The above penalties will not be charged where Council has agreed to a programme for payment of outstanding rates.

The Group Manager Corporate Services is given discretion to remit rates penalties either in whole or part in accordance with Council’s approved rates remission policy, as may be amended from time to time.

Discount on Rates

Pursuant to Section 55 of the Local Government (Rating) Act 2002, the Council will allow a discount of 2.0 percent of the total rates (excluding volumetric water rates) where a ratepayer pays the year’s rates in full on or before the Last Date for Payment for instalment one being 20 August 2020.

Payment of Rates

The rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Thursday and Friday and 9.00am to 5.00pm Wednesday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then proportionately across all current year rates due.

Sanson/Courtney                                                                              Carried

Important considerations for decision making

1.   Fit with Purpose of Local Government

Consideration of emission reduction targets and activities to achieve reductions promotes the economic, environmental and social wellbeing of the community.

2.   Consistency with Community Outcomes and Council Policy

The funding proposed supports the following community outcomes:

  - Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

- Our unique natural environment is healthy and protected

- Our communities are healthy, safe, inclusive and resilient

- Our region is supported by an innovative and sustainable economy

3.   Risk

 The recommended option provides for Council to make additional decisions at a later date based on a much broader assessment of what is achievable and affordable. A key risk relates to public perception, where the recommended target may be seen as insufficient by some sectors of the community. Clear messaging about the complexities and the basis for the decision would be an appropriate mitigating action. Setting a more ambitious target and then not achieving relevant milestones would introduce another set of risks around loss of credibility and the undermining of confidence within the community about Nelson’s ability to make progress on tackling climate change.

4.   Financial impact

Adopting the government target will expose the Council to the cost of offsetting any remaining emissions in 2050. This is likely to become a mandatory requirement. Adopting a more ambitious target would expose the Council to higher costs that may not be warranted if funding can instead be spent on achieving further emissions reductions.

5.   Degree of significance and level of engagement

The recommended decision is of low significance as it is in line with government legislation and no engagement is proposed. Setting a more ambitious target would have more significant financial implications that could lead to an assessment of greater significance. Consultation on the financial implications of actions to achieve targets can be undertaken through future processes such as the Long Term Plan consultation.

6.   Climate Impact

Achieving tangible and sustained emissions reductions is essential if Nelson is to meet the government target of being carbon zero by 2050. Ideally, Council would be well ahead of the 2050 date in achieving zero carbon, but needs to better understand the costs and the level of reductions that are associated with such action.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

8.   Delegations

The Environment Committee has the following delegations to consider climate change:

Areas of Responsibility:

·      4.4.1 – Climate change resilience overview (adaptation and mitigation)

Delegations:

·      5.4.2 – Developing, approving, monitoring and reviewing policies and plans, including activity management plans

However, as the impact of emissions targets will affect all areas of Council operations, the matter is considered to cross Committee delegations and is referred to Council for consideration.

Important considerations for decision making

1.   Fit with Purpose of Local Government

Central governments objectives of improvement to the provision of water services is aligned with the four aspects of wellbeing.

2.   Consistency with Community Outcomes and Council Policy

The proposed work programme supports the following community outcomes:

·    Our unique natural environment is healthy and protected

·    Our urban and rural environments are people-friendly, well planned and sustainably managed

·    Our infrastructure is efficient, cost effective and meets current and future needs

·    Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement

·    Our region is supported by an innovative and sustainable economy

3.   Risk

There is some risks that Council will be unable to deliver the projects within the timeframes specified given that existing Annual Plan budgets are set for 2020/21.  Staff resources are currently occupied with AMPs and LTP 2021-2031. 

4.   Financial impact

Agreeing to the MOU will provide additional funding to bring forward potential renewals spending that would need to be allocated under the Long Term Plan 2021-2031.  Therefore potential savings /increased investment of $5.72 in water infrastructure can be made over the next two years.

5.   Degree of significance and level of engagement

This matter is of low significance in the short term.  Any future decisions regarding the water services reform regarding new entities will need to be consulted with the community.

6.   Climate Impact

One of the reasons why central government is proposing changes to the way the three waters are regulated and monitored are the challenges that climate change will present. As part of the reform process there will be improved information on risk, vulnerability, likely affected people and communities, implementation of the best options and engaging with experts, stakeholders and the Nelson and Tasman communities on the effects of, and adaption to, climate change.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report. However, iwi/ Māori engagement will be an important part of this reform process.

Iwi Chairs and Chief Executives were invited to the workshop held in Nelson in July to discuss the potential reform of the three waters service delivery arrangements.

8.   Delegations

Council has retained responsibility to approve unbudgeted expenditure relating to the areas of responsibility for committees which is not included in the Annual Plan.  

Council has responsibility for agreeing to any Memorandum of Understanding.

Important considerations for decision making

1.   Fit with Purpose of Local Government

Considering the electoral system options enables democratic decision-making to continue as efficiently and effectively as possible.

2.   Consistency with Community Outcomes and Council Policy

“Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

Council leaders are strongly connected to our people and mindful of the full range of community views and of the generations that follow.  Residents have the opportunity to participate in major decisions and information is easy to access.”

Considering the electoral systems, whilst giving the community an option to challenge this through a poll, provides our voters with an opportunity to participate in this important decision.

3.   Risk

 This matter is of low risk. It relates to a decision whether to maintain the status quo of the FPP electoral system or change to the STV electoral system.  Both options are allowed for in the Local Electoral Act 2001.

4.   Financial impact

There are no immediate costs associated with considering which electoral system to use.

Additional unbudgeted costs would be incurred if council resolved or the public initiated a poll.  These costs would be in the region of $110,000.

There would be additional costs incurred, if a decision was made to change the electoral system, to educate voters on the STV system.  These would be incorporated into the costs of running the local government election.

5.   Degree of significance and level of engagement

This matter is of low significance.

It relates to a decision whether to consider a change the electoral system.

It is a requirement of the Local Electoral Act 2001 (sections 27 to 29) that public notice must be given of the right to demand a poll on the electoral system to be used.  It is also required that public notice of any resolution to change the electoral system must be given, including the statement that a poll is required to countermand that decision. 

Therefore, the community will be informed of the outcome of Council’s decision and will be given an opportunity to initiate a poll, which would be binding, should there be an appetite to take a different approach.

6.   Climate Impact

This decision will have no impact on the ability of Council to proactively respond to the impacts of climate change now or in the future.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

8.   Delegations

This is a decision of Council.

Important considerations for decision making

1.   Fit with Purpose of Local Government

The decision meets Council’s intention to change the status of land from Road Reserve to Road as land development occurs and facilitates public access rights over the newly constructed works/bridge.

2.   Consistency with Community Outcomes and Council Policy

The Decision supports the community outcome “Our infrastructure is efficient, cost effective and meets current and future needs.”

3.   Risk

The risk is very low risk as dedicating Road Reserve as Road is a standard practice (as provided for under Section 111 of the Reserves Act 1977).

4.   Financial impact

Costs are minimal and within the Saxton Creek Upgrade Project budget.

5.   Degree of significance and level of engagement

This matter is of low significance according to the Significance and Engagement Policy because it is a standard Local Body transaction, following the process set out under Section 111 of the Reserves Act 1977. Therefore, no engagement is necessary.

6.   Climate Impact

Current and future climate change impacts have been considered in the preparation of this report. 3A-D and 3F Hill Street are currently accessed via Hill Street North and a long driveway adjacent to Saxton Creek. The proposed access via Ngati Rarua Street will be shorter and more direct and thus, reduce carbon emissions.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

8.   Delegations

  Council has the power to resolve that road reserve be dedicated as legal road under Section 111 of the Reserves Act 1977.